Forgive me for a post not particularly law-and-religion related, but certainly law-related.
I’ve been enjoying Professor Ronald Collins’s series on Judge Richard Posner over at the Concurring Opinions blog. The Collins biography is extremely substantive and scholarly; it’s not really the subject of this post at all. I’m more interested here in “Posner on Posner,” which is basically a collection of interviews, reflections, bon mots, aphorisms, scattered wisdom about cats, opinionation about the virtues and vices of spicy food (or was it jurisprudence?), and so on. The latest installment is a smorgasbord of law professor queries about various scraps of miscellany, answered by Judge Posner in his genially efficient fashion. It’s a fun little window on Richard Posner the man. It reminds me of the way that James Fitzjames Stephen used to produce regular victuals for the insatiably voracious Victorian English intelligentsia.
The Posner on Posner format, though, is such that I’m afraid folks might perhaps be misled to believe that when Judge Posner makes statements like, “I think the role of legal doctrine in judicial decisions is considerably overrated,” that means that legal doctrine is likely actually to play very little role in his judicial decision making. Law professors so like to ask questions about things like pragmatism, and the influence of law and economics and sundry other ideological precommitments on judging, how judging will change “in the future,” and whether Posner reads any Lon Fuller (or enjoys the filmography of Lon Chaney). And, of course, Judge Posner is rather able at providing law professors with what they so much want to hear–interesting, provocative, sometimes perhaps a little shocking (not too much!), always eminently Posnerian responses to these sorts of questions. Indeed, he’s made something of an extrajudicial second career in writing great numbers of books whose theme is a tell-it-like-it-is forthrightness that shows the emperor in his resplendent nudity (and the repeated announcement of that theme, just in case you missed the last 19 times it was pressed, as something altogether novel coming from a judge). Professor Collins’s series is certainly of a piece with this spectacularly prodigious extrajudicial output.
Still, if you really want to know what Posner the judge is like–and here one could substitute really anybody when writing as a judge–you might do better simply to read his opinions. Failing that, or for the sake of saving a little time, may I humbly submit that you read my piece with Kevin Walsh about the several ways in which Posner the judge is often altogether different from Posner the public intellectual who explains what it is like to be a judge. It’s only after pursuing this sort of course that the differences between a judge and an explanation (even from the most able of judges) of ‘what-it-is-like-to-be-a judge’ (with apologies to Thomas Nagel) come into view–differences that for various reasons may run deep in Judge Posner’s particular case.